National Weather Service Employees Organization

NWS agrees to provide two years back pay Night Differential for overtime scheduled after fixed schedule is posted but before administrative workweek commences._____

Local stewards will be involved in identifying eligible employees.

NWSEO has negotiated an agreement with NWS management stop the agency’s illegal pay practices which have denied employees night differential for scheduled overtime. Management has also agreed to pay two years lost night differential to employees who lost pay as a result of its illegal practices.

Employees are entitled to night differential for scheduled overtime. OPM regulations state that overtime is “scheduled” if it is assigned in advance of the administrative workweek in which it is to be worked. NWS has denied payment over night differential for overtime that was not initially scheduled on the fixed schedule, even if ultimately assigned in advance of the administrative workweek.

On October 3, 2012, NWSEO contacted management in effort to resolve these illegal practices without litigation, and the agency agreed to do so. Management sent out a directive instructing timekeepers to begin paying night differential for all scheduled overtime effective November 4, 2012. On November 26, 2012, the parties agreed that the NWS would provide back pay to all bargaining unit employees who lost night differential under these circumstances between November 3, 2010 and November 3, 2012.

Under the agreement, local managers and stewards are to begin reviewing each office’s records by December 30 to identify which employees are eligible for back pay. Under the parties’ collective bargaining agreement, each office is to retain work schedules for two years. The manager and stewards are to review these schedules, and any other relevant records, such as emails to employees notifying them of their need to work overtime. They may also interview the affected employees, or use the manager’s and steward’s own recollections. The goal is to identify those employees who were assigned overtime before 12:01 am Sunday morning of the administrative workweek in which the overtime was work, and who was not previously paid night differential for that assignment. This review is to be completed by April 1 and a report is to be sent by the local manager to the steward as well as to the agency in Washington.
Payment of back pay will be made by NFC at some date after the review is complete, and timeliness will depend on the number of pay claims submitted.

A copy of the final agreement will be posted on the union’s website and contains details of the review and payment process.